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54 U.S.C. § 100902 — Rights of way for public utilities and power and communication facilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Public Utilities.—**
(1) **In general.—** — Under regulations the Secretary prescribes, the Secretary may grant a right of way through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for—
(A) electrical plants, poles, and lines for the generation and distribution of electrical power;
(B) telephone and telegraph purposes; and
(C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.
(2) **Extent of right of way.—** — A right of way under this subsection shall be for—
(A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and
(B) not more than 50 feet—
(i) on each side of the marginal limits of the ground; or
(ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.
(3) **Approval.—** — A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.
(4) **Revocation.—** — The Secretary may revoke a right of way under this subsection.
(5) **Right, easement, or interest not conferred.—** — A right of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit.
**(b) Power and Communication Facilities.—**
(1) **In general.—** — Under regulations the Secretary pre
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Source file: Laws/federal/codes/united-states-code/title-54/section-100902-rights-of-way-for-public-utilities-and-power-and-communication-facilitie--c7fc8a1f0e.md
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Source location: Title 54, Chapter 1009, § 100902; chapter-1009-chapter-1009.md
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**(a) Public Utilities.—**
(1) **In general.—** — Under regulations the Secretary prescribes, the Secretary may grant a right of way through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for—
(A) electrical plants, poles, and lines for the generation and distribution of electrical power;
(B) telephone and telegraph purposes; and
(C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.
(2) **Extent of right of way.—** — A right of way under this subsection shall be for—
(A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and
(B) not more than 50 feet—
(i) on each side of the marginal limits of the ground; or
(ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.
(3) **Approval.—** — A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.
(4) **Revocation.—** — The Secretary may revoke a right of way under this subsection.
(5) **Right, easement, or interest not conferred.—** — A right of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit.
**(b) Power and Communication Facilities.—**
(1) **In general.—** — Under regulations the Secretary prescribes, the Secretary may grant a right of way over, across, and on through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for—
(A) electrical poles and lines for the transmission and distribution of electrical power;
(B) poles and lines for communication purposes; and
(C) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.
(2) **Extent of right of way.—** — A right of way under this subsection—
(A) shall be for not more than 50 years from the date the right of way is granted; and
(B) for—
(i) lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and
(ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet.
(3) **Approval.—** — A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.
(4) **Forfeiture and annulment.—** — The Secretary may forfeit and annul any part of a right of way under this subsection for—
(A) nonuse for a period of 2 years; or
(B) abandonment.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which authorized heads of departments to grant easements for rights-of-way on “the public lands, national forests, and reservations of the United States” for electrical power and communications purposes, was omitted because its provisions, as they related to System units, were repealed by Pub. L. 113–287 and because act Mar. 4, 1911, is also classified to [section 961 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section961&num=0&edition=prelim), Public Lands. It was also classified to sections 420 and 523 of this title prior to their omission from the Code.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which authorized the Secretary of the Interior to permit the use of rights-of-way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant National Parks, California, for various public utility purposes, was omitted in view of the repeal of its provisions by Pub. L. 94–579 as they relate to public lands and lands in the National Forest System and by Pub. L. 113–287 as they relate to National Park System units. See [section 100902(a) of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100902/a&num=0&edition=prelim), National Park Service and Related Programs. Act Feb. 15, 1901, is also classified to [section 959 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section959&num=0&edition=prelim), Public Lands, and was also classified to [section 522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section522&num=0&edition=prelim) prior to its omission from the Code. Section was formerly classified to [section 419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section419&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 26
TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS
§ 100902
(2) REIMBURSEMENT.—Reimbursement shall
be—
(A) made from appropriations applicable to
the work on which the equipment is used at
rental rates established by the Secretary,
based on actual or estimated cost of oper-
ation, repair, maintenance, depreciation,
and equipment management control; and
(B) credited to appropriations currently
available at the time adjustment is effected.
(3) RENTAL OF EQUIPMENT FOR FIRE CONTROL
PURPOSES.—The Secretary may rent equip-
ment for fire control purposes to State, coun-
ty, private, or other non-Federal agencies that
cooperate with the Secretary in the adminis-
tration of the System and other areas in fire
control. The rental shall be under the terms of
written cooperative agreements. The amount
collected for the rentals shall be credited to
appropriations currently available at the time
payment is received.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3112.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
100901(a) .....
16 U.S.C. 1a–2 (mat-
ter before (a)).
Pub. L. 91–383, § 3 (matter
before (a)), Aug. 18, 1970,
84 Stat. 826.
16 U.S.C. 1b (matter
before (1)).
Aug. 8, 1953, ch. 384, § 1 (mat-
ter before (1)), (2), (5)
through (8), 67 Stat. 495,
496; Pub. L. 91–383, § 2(a),
Aug. 18, 1970, 84 Stat. 826.
100901(b) .....
16 U.S.C. 1a–2(e).
Pub. L. 91–383, § 3(e), Aug. 18,
1970, 84 Stat. 827; Pub. L.
94–458, § 1(1), Oct. 7, 1976, 90
Stat. 1939; Pub. L. 106–176,
title I, § 118(2), (3), Mar. 10,
2000, 114 Stat. 28.
100901(c) .....
16 U.S.C. 1a–2(f).
Pub. L. 91–383, § 3(f), Aug. 18,
1970, 84 Stat. 827; Pub. L.
106–176, title I, § 118(2), (3),
Mar. 10, 2000, 114 Stat. 28.
100901(d) .....
1
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Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.